“Right to be Forgotten” Ruling Begins to take shape in Europe

The Court of Justice of the European Union issued a ruling on May 13, 2014, whereby, under certain circumstances, search engine providers, like Google, are required to remove links of Web pages containing information that is made on the basis of a person’s name and published by a third-party. The “Right to be Forgotten” lawsuit is a landmark case for EU member countries, and was derived from a Spaniards claim that search results from Google’s website disclosed details about an auction of his repossessed home over unpaid debts that was resolved many years prior and presently irrelevant.

In the wake of the EU Courts ruling, Google has posted a “Remove Information From Google” page for Europeans to request takedowns. Based on reports, it appears the number of takedown requests averages about 10,000 request per day, and growing. That number may seem high, but EU Justice Commissioner, Viviane Reding notes that Google receives and complies with millions of copyright-related takedown requests. EU regulators plan to give search engine companies time to adjust to the ruling, and define just exactly what compliance with the law should look like.

For application purposes in the United States, the ruling does raise questions as to third-party usage of public information. Query a persons name in any search engine provider, and Internet ads for information on birth and arrest records are sure to come up. Many people with similar names are then subjected to potential unnecessary embarrassment and ridicule. However, the application of the term “privacy” is entirely different in the EU than U.S., and that is why it is unlikely that the “Right to be Forgotten” will soon land upon the shores of America.